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(영문) 대전지방법원 천안지원 2015.10.27 2015고단1100
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

On June 6, 2015, the Defendant: (a) around 23:50, the Defendant: (b) expressed the same attitude as that of the victim’s body or injury to the body of the victim, on the ground that: (a) in the danran bar “E” operated by the victim D (the age of 62) located in Asan City; (b) however, (c) the Defendant demanded drinking and drinking alcohol; (d) the Defendant, at the time of refusal, she took a heavy bath to the victim; and (e) the Defendant, while the Defendant was taking a bath at the time of the disturbance, she was frighting the victim, who was suffering from the disturbance; and (e) the Defendant took the same attitude as the victim was frighting the victim’s body or injury.

Accordingly, the defendant threatened the victim by using dangerous things.

Summary of Evidence

1. Partial statement on the second trial date of the defendant;

1. Examination protocol of police suspect regarding D;

1. The police statement concerning F;

1. Application of receipts, on-site photographs statutes;

1. Relevant Articles of the Criminal Act and Articles 284 and 283 (1) of the Criminal Act concerning the crime. Article 283 (Selection of Imprisonment);

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (including the fact that a full agreement has been reached with the victim)

1. Where the sentencing criteria [Scope of recommendations] types 4 (Habitual, Cumulative Crime, Special Intimidation) (4-1 year) (including special mitigation), the area of mitigation (4-1 year), the area of punishment not having been imposed (including serious efforts to recover damage), or considerable damage has been restored;

2. Prior to the decision of sentence, the punishment as ordered shall be determined by comprehensively taking into account the following circumstances: the major circumstances and motive leading up to the Defendant’s commission of the crime, the means and method of the crime, the circumstances before and after the commission of the crime, and the age, character, conduct, career, and environment of the Defendant as shown in

Public Prosecution Rejection Parts

1. The summary of the facts charged is that the Defendant, around June 6, 2015, 23:50 on the ground that: (a) around 23:50 on the part of the victim D (the age of 62) located in Asan City, danE, demanded drinking and drinking alcohol; (b) the Defendant, despite having requested drinking and drinking alcohol; (c) and (d) the Defendant, at the same time, expressed that he was balking from the victim while drinking a disturbance by large sounds, and said Defendant

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